SCHEDULES

SCHEDULE 4Rights to transfer benefits

PART 1Great Britain amendments

Pensions Act 2004 (c. 35)

34

The Pensions Act 2004 is amended as follows.

35

1

Section 18 (pension liberation: interpretation) is amended as follows.

2

In subsection (2)(a)—

a

after “accrued rights” insert “ or an entitlement ”;

b

in sub-paragraph (ii), for “the applicable rules” substitute “ the scheme rules ”.

3

In subsection (3)—

a

for paragraph (a) substitute—

a

section 94 of the Pension Schemes Act 1993 (right to cash equivalent under Chapter 1 of Part 4ZA of that Act);

b

in paragraph (b), for “Chapter 5 of Part 4” substitute “ Chapter 2 of Part 4ZA ”.

4

In subsection (4)(d), for “the applicable rules” substitute “ the scheme rules ”.

5

Omit subsection (5).

36

In section 23 (freezing orders), in subsection (4)(g), for “salary related schemes” substitute “ benefits other than money purchase ”.

37

In section 24 (consequences of freezing order), in subsection (7), for paragraphs (a) and (b) substitute—

a

Chapter 1 of Part 4ZA of the Pension Schemes Act 1993 (transfer rights: general), or

b

Chapter 2 of that Part (early leavers: cash transfer sums and contribution refunds),

38

In section 73 (inspection of premises), in subsection (2)(d)—

a

for “Chapter 4 of Part 4” substitute “ Chapter 1 of Part 4ZA ”;

b

for “Chapter 5 of Part 4” substitute “ Chapter 2 of Part 4ZA ”.

39

In section 135 (restrictions on winding up, discharge of liabilities etc), in subsection (6)(b), for “Chapter 5 of Part 4” substitute “ Chapter 2 of Part 4ZA ”.

40

In section 138 (payment of scheme benefits), in subsection (3)(b), for “Chapter 5 of Part 4” substitute “ Chapter 2 of Part 4ZA ”.

41

1

Section 318 (interpretation) is amended as follows.

2

In subsection (2), for “an occupational pension scheme” substitute “ a pension scheme ”.

3

In subsection (3)(a), for sub-paragraph (ii) substitute—

ii

Chapter 2 or 3 of Part 4 of the Pension Schemes Act 1993 (certain protection for early leavers) or regulations made under either of those Chapters;

iia

Chapter 1 or 2 of Part 4ZA of that Act (transfers and contribution refunds) or regulations made under either of those Chapters;

42

1

Schedule 7 (pension compensation provisions) is amended as follows.

2

In paragraph 20(1)(c), for “Chapter 5 of Part 4” substitute “ Chapter 2 of Part 4ZA ”.

3

In paragraph 32(1)(b), for “Chapter 5 of Part 4” substitute “ Chapter 2 of Part 4ZA ”.